REGULAR COUNCIL MEETING

MINUTES

Meeting #:07-2022
Date:
, 6:00 p.m. Closed Session - 7:00 p.m. - Open Session
Location:
Legacy Centre - Thomas Hall, Thedford
Members Present:
  • Mayor Bill Weber, 
  • Deputy Mayor Doug Cook, 
  • Councillor Dave Maguire, 
  • Councillor Dan Sageman, 
  • Councillor Ronn Dodge, 
  • Councillor Dave Marsh, 
  • and Councillor Jeff Wilcox
Members Absent:
  • Councillor Lorie Scott
  • and Councillor Scott Ferguson
Staff Present:
  • Stephanie Troyer-Boyd, Director of Corporate Services, 
  • Janet Ferguson, Director of Financial Services, 
  • Steve McAuley, Chief Administrative Officer, 
  • Ashley Farr, Director of Community Services, 
  • and Nick Verhoeven, Director of Public Works

1.
Call to Order
 

Mayor Weber called the meeting to order at 6:00 pm.

2.
Declaration of Pecuniary Interest
 

None were declared on April 26, 2022.

3.
Approval of Agenda
 

  • 22-0426-02
    Moved by:Councillor Maguire
    Seconded by:Deputy Mayor Cook

    THAT the April 26, 2022 Council Meeting Agenda be approved as presented.

    Carried

4.
Closed Session
 

  • 22-0426-01
    Moved by:Councillor Sageman
    Seconded by:Councillor Marsh

    THAT Council move into Closed Session at 6:01 pm to discuss a matter under the Municipal Act, Sections 239(2)(c) and (k) a proposed or pending acquisition or disposition of land by the municipality or local board and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board

    Carried
  • Moved by:Councillor Sageman
    Seconded by:Councillor Maguire

    THAT the Closed Session meeting on April 26, 2022 adjourn at 6:44 pm and reconvene in Regular Session at 7:00 pm.

    Carried
  • 22-0426-03
    Moved by:Councillor Sageman
    Seconded by:Councillor Dodge

    THAT staff be directed to offer Fire Protection Agreements based on the per household costing model plus calls for service; and

    THAT the Fire Protection Agreements be presented to Council for their approval and execution.

    Carried
  • 22-0426-04
    Moved by:Councillor Dodge
    Seconded by:Councillor Marsh

     

    THAT staff provide notice of intention of sale to the neighbourhood group through Mr. Jeff Girling and Mr. Gregory Stewart of the municipality’s intention to proceed with the sale of the property; and

    THAT the disposition of the municipally owned property abutting properties described as Plan 39 Lots 6-8 known municipally as 9985 North Street, 9983 North Street and 9979 North Street be approved at a price of $ 105,000; and

    THAT the Mayor and Clerk be authorized to execute any documents relating to the sale.

     

    Carried

5.
Adoption of Minutes of Previous Council Meeting
This item has attachments. 

1.Post-Meeting Minutes - Council Meeting_Apr05_2022 - English.pdf
  • 22-0426-05
    Moved by:Councillor Sageman
    Seconded by:Councillor Maguire

    THAT the minutes of the April 5, 2022 Council meeting be adopted as presented.

    Carried

6.
Councillor Reports
 

Council members reported on items of interest to the community.

7.
Statutory Public Meetings
 

7.1
Public Meeting - ZBA ZO-02/2022 - David and Mary Ann Atkinson and Michael Backx - 10039, 10045, 10051, 10057 and 10063 Lakeshore Road
 

  • 22-0426-06
    Moved by:Deputy Mayor Cook
    Seconded by:Councillor Wilcox

    THAT the Council meeting adjourn at 7:05 pm for a Public Meetings to be held under the Planning Act.

    Carried

    Planner Will Nywening presented the Zoning By-Law Amendment application.  He noted that the applicants and the Conservation Authority have asked for a deferral so Council will not be asked to make a decision on the application at this meeting.  Mr. Nywening summarized the staff report in support of the application.

    Michael Backx, owner of one of the subject properties stated that all five properties subject properties are owned by family members.  He provided a history of the properties and reason for their application.  He stated that they are requesting flexibility with the options for their property and that they have no intention of clear cutting the trees.

    Bob and Les Foster of 10075 Lakeshore Road stated that they appreciate that there are significant woodlands on the properties and that impact surveys have been completed.  Their concern is loss of habitat for wildlife and consideration for their own property.

    There was no additional correspondence received for this application.


7.2
Public Meeting - Zoning By-Law Amendment ZO-04/2022 for Westland Holdings GB Inc. - 9981 Lakeshore Road, Grand Bend
 

Will Nywening introduced the zoning by-law application and summarized the purpose and effect of the amendment. He noted that the Ministry of Transportation has indicated that they would not permit direct access to Lakeshore Road.  He stated that staff is supportive of the application and C2 zone.

The applicant was not in attendance.

There were no members of the public in attendance wishing to speak to the application.

There was no correspondence received for this application.

  • 22-0426-07
    Moved by:Councillor Wilcox
    Seconded by:Councillor Dodge

    THAT the Public Meeting closes and the regular Council meeting reconvenes at 7:34 pm.

    Carried

7.2.1
Report PL 06-2022 - ZBA Application ZO-02/2022 - 10039, 10045, 10051, 10057, and 10063 Lakeshore Road
This item has attachments. 

1.Report PL 06-2022 Backx ZBA.pdf
  • 22-0426-08
    Moved by:Councillor Maguire
    Seconded by:Councillor Sageman

    THAT Report PL 06-2022, relating to a ZBA Application, submitted by Michael Backx, be received;

    THAT ZBA Application ZO-02/2022, submitted by Michael Backx, requesting an amendment to Zoning By-Law 1 of 2003 to rezone portions of 10039, 10045, 10051, 10057, and 10063 Lakeshore Road to the R6 Zone be deferred.

    Carried

7.2.2
Report PL 07-2022 - ZBA Application ZO-04/2022 - 9981 Lakeshore Road
This item has attachments. 

1.Report PL 07-2022 HV Powersport ZBA.pdf
2.Proposed Zone Boundary.pdf
3.Existing and Proposed Site Layout Concept.pdf
4.Proposed Building.pdf
  • 22-0426-09
    Moved by:Councillor Sageman
    Seconded by:Deputy Mayor Cook

    THAT Report PL 07-2022, relating to a ZBA Application, submitted by MR Engineering and Design Ltd., be received;

    THAT ZBA Application ZO-04/2022, submitted by MR Engineering and Design Ltd., requesting an amendment to Zoning By-Law 1 of 2003 to rezone a portion of 9981 Lakeshore Road to permit motor vehicle (small engine) repair, motor vehicle (small engine) sales, and a retail store, be approved, using the existing Commercial-2 (C2) Zone; and

    THAT By-Law 26 of 2022 be approved.

    Carried

8.
Presentations
 

There were no presentations scheduled for April 26, 2022.

9.
Delegations
 

Chelsea Middleton spoke to Item 10.3 STR Registrations and requested the registration program be deferred.

Sarah Urban spoke to Item 10.3 STR Registrations and requested the implementation of the registration program be delayed and does not want addresses of STRs posted.

Tamara Saeed spoke to 10.3 STR Registrations and does not want addresses of STRs posted and suggested the registration program is not ready.

Chris Lansdown spoke to 10.3 STR Registrations and requested that it not be implemented.

10.
Consideration of Correspondence, Petitions, Committee Minutes and Staff Reports
 

10.1
Correspondence from Tereasa Grover-Kelly - Request for Support of Resolution
This item has attachments. 

1.Correspondence - T. Grover-Kelly - Bill 124.pdf
  • 22-0426-10
    Moved by:Councillor Wilcox
    Seconded by:Councillor Dodge

    WHEREAS nurses and health-care professionals are the backbone of our public health-care system and provide essential care to all Ontarians, and more than ever nurses and health-care professionals deserve recognition and reward for their skills and dedication; and

    WHEREAS Ontario is experiencing a health human resources crisis with chronic shortages of nurses and health-care professionals in hospitals, clinical settings, long-term care, home care, and all health care environments; and

    WHEREAS Ontario has the lowest RN-to-population of any province in Canada, and would need to hire 22,000 new nurses to reach the average RN staffing ratio in Canada; and

    WHEREAS burnout and overwork are exacerbating the underlying health human resources crisis and driving nurses and other health-care professionals to leave the sector at an unprecedented rate; and

    WHEREAS Bill 124 unfairly suppresses the wages of nurses and health-care professionals and limits their ability to negotiate freely, and further contributes to the culture of disrespect that is contributing to the staffing crisis. Further, as Bill 124 limits wage increases to a maximum of 1% per year despite growing inflation nurses have effectively seen their wages cut during the COVID-19 pandemic.

    NOW THEREFORE BE IT RESOLVED THAT the Municipality of Lambton Shores calls on the Ontario government to recognize the severity of the health human resources crisis in Ontario and take urgent action to recruit and retain skilled, experienced nurses and health-care professionals; and further

    THAT the Municipality of Lambton Shores calls on the Ontario government to repeal Bill 124, legislation that suppresses the wages of nurses and health-care professionals and prevents collective bargaining to keep up with inflation; and further

    THAT a copy of this Resolution be sent to:  The Premier of Ontario, the Ontario Minister of Health, and the Ontario Minister of Long-Term Care, the Leader of the Official Opposition, the Opposition Critic for Health, and the Opposition Critic for Long-Term Care, all Members of Provincial Parliament representing constituencies in Lambton Shores and the Association of Municipalities of Ontario (AMO) requesting they share with all their member municipalities.

    Carried
PLANNING

10.2
Report PL 08-2022 - Severance Agreement for 8381 Defore Drive 
This item has attachments. 

1.Report PL 08-2022 - Severance Agreement - 8381 Defore Drive.pdf
2.Proposed Defore Dr Extension.pdf
3.Proposed Defore Dr Extension - Details.pdf
  • 22-0426-11
    Moved by:Councillor Marsh
    Seconded by:Councillor Maguire

    THAT Report PL 08-2022 being a report respecting a request to enter into a Severance Agreement, submitted by Dan and Kim MacLachlan, respecting 8381 Defore Drive, be received; and

    THAT the Severance Agreement between Velma MacLachlan, Dan and Kim MacLachlan, and the Corporation of the Municipality of Lambton Shores, respecting 8381 Defore Drive, be approved; and

    THAT By-Law 28 of 2022 authorizing the execution of an agreement with Velma MacLachlan and Dan and Kim MacLachlan be approved.

    Carried
ADMINISTRATION

10.3
Report CAO 05-2022 - Short-Term Rental Registration By-Law
This item has attachments. 

1.CAO 05-2022 Short-Term Rental Registration By-Law.pdf
  • 22-0426-12
    Moved by:Councillor Dodge
    Seconded by:Councillor Sageman

    THAT Report CAO 05-2022 regarding the “Short-Term Rental Registration By-Law” is received; and

    THAT the 2022 Short-Term Rental Registration Program be implemented; and

    THAT By-Law 29-2022, being a by-law to Register Short Term Rentals be given first, second and third readings.

    Carried

10.4
Report CAO 06-2022 - 2022 Grand Bend Pier Leases
This item has attachments. 

1.CAO-06 Commercial Pier Leases.pdf
2.Sample Draft Pier Agreement (002).pdf
  • 22-0426-13
    Moved by:Deputy Mayor Cook
    Seconded by:Councillor Maguire

    THAT Report CAO 06-2022 regarding the be received; and

    THAT staff be directed to prepare pier lease agreements for Grand Bend Parasail and Extreme Water Sports for authorization by Council.

    Carried
COMMUNITY SERVICES

10.5
Report DCS 14-2022 - Arena Concession Expression of Interest
This item has attachments. 

1.DCS 14-2022 Arena Concession Expression of Interest.pdf
  • 22-0426-14
    Moved by:Councillor Dodge
    Seconded by:Councillor Wilcox

    THAT Report DCS 14-2022 regarding the “Arena Concession Expression of Interest” be received; and

    THAT staff be authorized to issue an Expression of Interest to lease the concessions at the Shores Recreation Centre and Legacy Recreation Centre to local community groups.

    Carried
PUBLIC WORKS

10.6
Report DPW 08-2022 - 2022 Capital Budget – Tar and Chip Resurfacing Tender Award
This item has attachments. 

1.DPW 08-2022 Tar and Chip Tender Award.pdf
  • 22-0426-15
    Moved by:Councillor Dodge
    Seconded by:Councillor Marsh

    THAT Report DPW 08-2022 regarding the tender award for the 2022 Tar and Chip Resurfacing Tender be received; and

    THAT the tender from Cornell Construction Limited in the amount of $276,572.05 excluding HST, ($281,439.72 net HST), for the 2022 Tar and Chip Resurfacing Tender be accepted; and

    THAT the Mayor and Clerk be authorized to sign the associated contract agreement.

    Carried

11.
Notice of Motion
 

12.
Emergent Issues
 

13.
By-laws and Resolutions
 

14.
Adjournment
 

  • 22-0426-17
    Moved by:Councillor Marsh
    Seconded by:Councillor Dodge

    THAT the April 26, 2022 Council meeting adjourn at 8:07 pm.

    Carried
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